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ANGUS COUNCIL

MINUTE of MEETING of the INFRASTRUCTURE SERVICES COMMITTEE held in the Town and County Hall, Forfar on Tuesday 20 January 2009 at 4.00 pm.

Present: Councillors DAVID MAY, DAVID FAIRWEATHER, GLENNIS MIDDLETON, ALEX KING, IAN MACKINTOSH, JIM MILLAR, PETER MURPHY, ROBERT MYLES, HELEN OSWALD, RALPH PALMER, MARK SALMOND, ROBERT SPINK, DONALD MORRISON and JOHN WHYTE.

Councillor MAY, Convener, in the Chair.

1. APOLOGIES/SUBSTITUTES

Apologies for absence were intimated on behalf of Councillors Frank Ellis, Iain Gaul and Sandy West with Councillor Glennis Middleton substituting for Councillor Ellis and Councillor Donald Morrison substituting for Councillor West.

2. DECLARATIONS OF INTEREST

Councillor Middleton declared an interest in item 30 as she had attended several meetings with the interested parties. She indicated that she would be taking part in discussion and voting.

Councillor Morrison declared an interest in item 30 as he was an employee of a local Member of Parliament who had met with the local businesses involved. He indicated that he would not be taking part in any discussion or voting on the matter.

Councillor Oswald declared an interest in item 31 as she had a relative who was employed by the recommended contractor. She indicated that she would be taking part in discussion and voting.

3. MINUTES

(a) Previous Meeting

The minute of meeting of this Committee of 25 November 2008 was approved as a correct record and signed by the Convener.

(b) Executive Sub-Committee

The minute of meeting of the Executive Sub-Committee of 15 December 2008, a copy of which is appended hereto, was submitted and noted (APPENDIX I).

(c) Harbour Joint Consultative Committee

The minute of meeting of the Arbroath Harbour Joint Consultative Committee of 21 November 2008, a copy of which is appended hereto, was submitted and noted (APPENDIX II).

4. TRAFFIC REGULATION ORDERS - UPDATE

There was submitted and noted Report No 51/09 by the Director of Infrastructure Services detailing the current stage of progress regarding pending Traffic Regulation Orders.

5. PROMOTION OF VARIATION OF WAITING RESTRICTIONS

There was submitted Report No 52/09 by the Director of Infrastructure Services detailing proposed amendments to current waiting restrictions to take account of changing circumstances.

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The Report indicated that, in the interests of pedestrian and traffic safety and free traffic flow, and in order to maintain access to premises, alterations to waiting restrictions were considered appropriate. The variations of existing Traffic Regulation Orders to implement these alterations were therefore proposed, as detailed in the Report.

The Committee agreed to approve the promotion of the necessary Traffic Regulation Variation Orders to effect changes to current waiting restrictions in Arbroath, Brechin, Carnoustie, Forfar, and Montrose.

6. ANGUS COUNCIL (FORFAR TRAFFIC MANAGEMENT) ORDER 2009

With reference to Article 9 of the minute of meeting of the Roads Committee of 24 January 2002, there was submitted Report No 53/09 by the Director of Corporate Services proposing the making of an Order for the purpose of replacing two Tayside Regional Council Traffic Orders, together with the introduction of various amendments to the current traffic management provisions in Forfar.

The Committee agreed to approve the making of the Order, as detailed in the Report.

7. ANGUS COUNCIL (VARIATION OF WAITING RESTRICTIONS) ORDER 2009

With reference to Article 30 of the minute of meeting of this Committee of 26 August 2008, there was submitted Report No 54/09 by the Director of Corporate Services proposing the making of an Order effecting changes to current waiting restrictions at various locations throughout Angus.

The Committee agreed to approve the making of the Order, as detailed in the Report.

8. TEMPORARY TRAFFIC ORDERS

There was submitted and noted Report No 55/09 by the Director of Corporate Services advising that, at the request of the Head of Roads, four Temporary Traffic Orders had been made, as detailed in the Report.

Ä 9. ARBROATH HARBOUR - CHARGING REGIME: APRIL 2009 ONWARDS

There was submitted Report No 56/09 by the Director of Infrastructure Services advising the Committee of the proposed level of charges which had been discussed at the meeting of the Arbroath Harbour Joint Consultative Committee held on Friday 21 November 2008, and recommending the introduction of charges leviable at the Harbour from April 2009.

COUNCILLOR MAY, SECONDED BY COUNCILLOR MILLAR, MOVED THAT THE COMMITTEE AGREES:

(i) TO NOTE THE PROPOSED CHARGES WHICH HAD BEEN BROUGHT FORWARD TO THE MEETING OF THE ARBROATH HARBOUR JOINT CONSULTATIVE COMMITTEE HELD ON FRIDAY 21 NOVEMBER 2008;

(ii) TO NOTE THE REPRESENTATIONS WHICH HAD BEEN MADE BY THE VARIOUS USERS AT THAT MEETING IN RESPECT OF THE PROPOSED CHARGES; AND

(iii) TO APPROVE THE MODIFIED PROPOSED SCHEDULE OF CHARGES, AS DETAILED IN THE REPORT, TO APPLY FOR FINANCIAL YEAR 2009/2010 ONLY.

Councillor Spink, seconded by Councillor Morrison, moved, as an amendment, that the Committee agrees to freeze the current charges for a period of one year.

In accordance with the provisions of Standing Order 15(9), and having heard from the Head of Finance, the Convener ruled that the proposed amendment was not competent due to the possible reduction in income.

Thereafter, Councillor Oswald, seconded by Councillor Palmer, moved, as an amendment, that the Committee agrees to defer consideration of the Report so as to allow the Head of

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Finance to be consulted on the possible reduction in income should the charges be frozen for a period of one year.

On a vote being taken, the members voted:-

For the motion:-

Councillors May, Fairweather, Mackintosh, Millar, Murphy, Myles, Salmond and Whyte (8).

For the amendment:-

Councillors King, Middleton, Morrison, Oswald, Palmer and Spink (6).

The motion was declared carried and became the finding of the meeting.

In accordance with the provisions of Standing Order 39(3)(i), Councillors Oswald and Palmer indicated that they wished the matter referred to the Council for a decision.

Ä 10. JUNCTION IMPROVEMENTS, A933 FORFAR ROAD/CAIRNIE ROAD/KEPTIE ROAD, ARBROATH - CONSULTATION PROPOSALS

With reference to Article 20 of the minute of meeting of this Committee of 25 November 2008, there was submitted Report No 57/09 by the Director of Infrastructure Services detailing the proposals for public consultation regarding the proposed junction improvements at the A933 Forfar Road/Cairnie Road/Keptie Road junction in Arbroath.

Councillor May, seconded by Councillor Millar, moved that the Committee agrees:-

(i) to approve the format proposed to be used for the consultation; (ii) to approve the list of consultees, as detailed in the Appendix to the Report; (iii) to approve the timescale proposed for the consultation; and (iv) to note the cost and time implications of undertaking the consultation.

Councillor Oswald, seconded by Councillor Morrison, moved, as an amendment, that the Committee agrees to extend the list of consultees to include Friockheim and Letham Community Councils, the businesses within Kirkton Industrial Estate and the residents within the Kirkton area, The Elms, Timmergreens and Hospitalfield.

In accordance with the provisions of Standing Order 15(9), the Convener ruled that the amendment was not competent as it would result in additional financial implications, which at this stage could not be fully costed.

Accordingly, the motion was approved and became the finding of the meeting.

In accordance with the provisions of Standing Order 39(3)(i), Councillors Palmer and Oswald indicated that they wished the matter referred to the Council for a decision.

11. LOO OF THE YEAR AWARDS

The Committee was advised of Angus Council’s success in the local authority category of the 2008/2009 British Toilet Association Loo of the Year Awards for high standards of toilet facilities in washroom provision and management.

Angus Council had received the following awards:-

Arbroath Harbour Visitor Centre Five Star Rating Arbroath Market Place Five Star Rating Montrose Baltic Street Five Star Rating Forfar Buttermarket Four Star Rating Kirriemuir Reform Street Four Star Rating Brechin Church Street Four Star Rating

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Additionally, Angus Council’s newest superloo within the Arbroath Harbour Visitor Centre had achieved a National category winner position for its accessibility.

Staffing at all facilities had been awarded an Attendant of the Year award for providing a level of commitment to a vital public service.

12. COMMERCIAL WASTE COLLECTION SERVICE PROVISION AND CHARGES - ANIMAL BY-PRODUCTS

With reference to Article 30 of the minute of meeting of this Committee of 25 November 2008, there was submitted Report No 58/09 by the Director of Infrastructure Services seeking approval for interim arrangements for the specialist commercial waste collection of animal by-products from 1 April 2009, setting the charges in terms of commercial waste regulations for such a service, and seeking approval for the temporary exemption in terms of the Council’s Financial Regulations to enable the utilisation of specialist contractors until tendering processes could be concluded.

The Committee agreed:-

(i) to approve the Director’s request for an exemption from normal tendering requirements, in accordance with Regulation 16.22.4(b)(ii) of the Council’s Financial Regulations, in order to continue to utilise Binn Skips as a specialist contractor during the period 1 April to 30 September 2009 for the collection and disposal of animal by- products from commercial premises requesting the Council provide such a service; and

(ii) to approve the undernoted charges from 1 April to 30 September 2009 for animal by- product wastes uplifted and disposed of by the Council:-

Two Wheeled 240Lt bin Current Charge New Charge 1st bin £15 (plus vat) per lift £48 (plus vat) per lift 2nd and each additional bin £9 (plus vat) per lift £24 (plus vat) per lift

13. AUTHORISATION FOR ENFORCEMENT OF ADDITIONAL TRADING STANDARDS LEGISLATION

There was submitted Report No 59/09 by the Director of Infrastructure Services seeking approval to authorise the Council, as local weights and measures authority, for the enforcement of The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008.

The Committee agreed to grant authority to all Trading Standards Officers, Senior Enforcement Officers, Trading Standards Advisers, Trading Standards Technicians, and Consumer Adviser within the Environmental and Consumer Protection Division to enforce The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008.

14. DOMESTIC CARDBOARD RECYCLING (THIRD BIN) - EVALUATION OF TRIAL SERVICE

With reference to Article 5 of the minute of meeting of the Environmental and Leisure Services Committee of 21 November 2006, there was submitted Report No 60/09 by the Director of Infrastructure Services advising the Committee on the outcome of the 18 month trial in providing a domestic cardboard recycling and collection service and the introduction of a third bin to over 1,100 houses in Arbroath.

The Report indicated that the survey results had revealed that 98% of households surveyed had used their blue bin and were happy with the third bin system which they believed made recycling easier and helped reduce pressure on the grey waste bin.

The Committee agreed:-

(i) to note the contents of the Report, (ii) to approve the continuation of the pilot service meantime in the current trial area, and

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(iii) to authorise the Director of Infrastructure Services, in conjunction with the findings of the best value review of waste management, to bring forward a further detailed report including a cost/funding appraisal for a phased programme to roll out the service to include the whole of Arbroath initially and, thereafter, other towns on the kerbside recycling system.

15. LOCAL ENVIRONMENTAL AUDIT AND MANAGEMENT SYSTEM (LEAMS) ANNUAL REPORT FOR ANGUS - THE CLEANING OF STREETS AND PUBLIC OPEN SPACES

There was submitted Report No 61/09 by the Director of Infrastructure Services advising the Committee on the outcome of the surveys carried out within Angus as part of the Local Environmental Audit and Management System, highlighting the findings from the surveys, and providing recommendations from Keep Scotland Beautiful based on the findings of the Report.

The Committee agreed:-

(i) to note the contents of the Report, and

(ii) to approve that, within available resources, measures be taken to meet the recommendations made by Keep Scotland Beautiful for improving cleaning standards.

16. MONIFIETH TOWN CENTRE - ENVIRONMENTAL ENHANCEMENTS

There was submitted Report No 62/09 by the Director of Infrastructure Services seeking approval, in principle, for a range of environmental enhancements in Monifieth, and agreement to undertake public consultation.

The Report indicated that there was a perception that the appearance and quality of the town centre in Monifieth was poor and in need of further investment and the area lacked any particular character or focal point, the pedestrian environment was disjointed and the street furniture comprised a diverse range of styles and qualities. The outline environmental enhancements sought to address the issues and to enhance the image of Monifieth as a retail and service centre.

The Committee agreed:-

(i) to approve, in principle, the range of environmental enhancements in Monifieth town centre, as detailed in the Report;

(ii) that public consultation be undertaken on the proposed enhancements;

(iii) that further detailed designs and cost estimates be prepared following the public consultation process; and

(iv) to await a further report on the matter in due course.

17. CYCLING, WALKING AND SAFER STREETS FUND - PROGRAMME OF WORKS

With reference to Article 10 of the minute of meeting of this Committee of 3 June 2008, there was submitted Report No 63/09 by the Director of Infrastructure Services advising the Committee of the progress in the delivery of the programme of projects to be funded during the current financial year through the Cycling, Walking and Safer Streets (CWSS) Fund, and seeking approval of the programme of projects to be funded during 2009/2010.

The Report indicated that the funding of CWSS projects would greatly assist the Council in meeting its aims and objectives contained in various strategies and full use would be made of the available allocation.

The Committee agreed:-

(i) to note the amended programme of projects being undertaken during the current financial year; and

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(ii) to approve the programme of projects to be undertaken during the financial year 2009/2010.

18. PUBLIC TRANSPORT UPDATE

With reference to Article 12 of the minute of meeting of this Committee of 25 November 2008, there was submitted Report No 64/09 by the Director of Infrastructure Services advising the Committee of the results of the recent tendering exercise for the cleaning of bus shelters and associated roadside infrastructure throughout Angus.

The Report also detailed the outcome of the negotiations with Advanced Communications and Information Systems Ltd (ACIS) for the procurement of additional roadside information displays together with details of local bus service revisions to be introduced by within Angus.

The Report indicated that negotiations for the purchase of real-time information displays had been concluded and expenditure was in line with the Planning and Transport Capital Plan. Further, the revisions to Stagecoach Strathtay Services on the Tayway corridor between Arbroath and and to the Arbroath Town Network were welcomed and the Council would produce a revised timetable and roadside information to inform the public of these changes.

The Committee agreed:-

(i) to award the contract for the cleaning of Angus bus shelters and roadside infrastructure, as detailed in the Report;

(ii) to note the final costs for the procurement of real-time information displays as part of the 2008/2009 capital budget expenditure; and

(iii) to note the service revisions to be introduced by Stagecoach Strathtay on the Tayway corridor between Arbroath and Dundee and within Arbroath on 2 February 2009.

19. RESULTS OF LOCAL BUS SERVICE TENDERING EXERCISE

There was submitted Report No 65/09 by the Director of Infrastructure Services detailing the results of a recent tender renewal exercise for local bus service contracts due to expire on 31 March 2009.

The Report indicated that the local bus service network was subject to rigorous review and services were revised where necessary to meet passenger demand.

The Committee agreed:-

(i) that the current contracts be extended for two months to 31 May 2009, as detailed in the Report;

(ii) to consider the award of the local bus service contracts, as detailed in Appendices 1 and 2 to the Report, as part of the budget process; and

(iii) to note that a further report would be brought forward to this Committee reviewing the criteria for the award of local bus service contracts.

20. DRAFT JOINT WORKING AGREEMENT BETWEEN HISTORIC SCOTLAND AND PLANNING AUTHORITIES

There was submitted Report No 66/09 by the Director of Infrastructure Services commenting on and providing a suggested basis for the Council’s response to the draft "Joint Working Agreement between Historic Scotland and Planning Authorities in Relation to Statutory Casework and Consultation".

The Report indicated that much of the Joint Working Agreement was a reiteration of current policies and procedures, together with clarification of how Historic Scotland interacted with

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planning authorities. The most important issue was the potential for delegating most listed building consent casework to planning authorities and, whilst it would be necessary to examine the fine detail before agreeing to delegation, the potential reduction in processing times and empowerment of planning authority officers was to be welcomed.

The Council had a longstanding and beneficial working relationship with Historic Scotland and, whilst delegation of most listed building consent casework was potentially welcomed, it was important that regular dialogue continued, through the regular liaison meetings with Historic Scotland’s Area Inspectors. This arrangement would also assist Historic Scotland in monitoring the effectiveness of delegated powers in the early stages.

The Committee, for its interest, agreed:-

(i) to note the contents of the draft Joint Working Agreement between Historic Scotland and planning authorities; and

(ii) to approve the Report as the basis for the Council’s response to the Scottish Government.

21. ELECTRICITY UPGRADE, UNIT 4 BROOMFIELD INDUSTRIAL ESTATE, MONTROSE

There was submitted Report No 67/09 by the Director of Infrastructure Services seeking approval to contribute towards the upgrade of electricity to Unit 4 Broomfield Industrial Estate, Montrose.

The Report indicated that prior to conclusion of the lease, the tenant had identified that the electricity serving Unit 4 would be insufficient to meet their requirements within the first year of operation. By contributing towards the upgrade of the electricity to Unit 4, the Council could benefit both in terms of the additional capacity which would be created and the future marketability of Unit 4. Additionally, this contribution would represent a significant partnership approach to problem solving with one of the Council’s most important business tenants, and would help build a positive long-term working relationship with the company.

The Committee agreed to approve a contribution of 40% towards the cost of upgrading the electricity supply serving Unit 4 Broomfield Industrial Estate, Montrose, at a cost of £33,278.

22. MULTIMEDIA TEAM (ECONOMIC DEVELOPMENT DIVISION) - PROGRESS

With reference to Article 19 of the minute of meeting of this Committee of 22 January 2008, there was submitted Report No 68/09 by the Director of Infrastructure Services advising the Committee of the substantial progress made by the Media Team in meeting the ongoing media requirements of the Economic Development Division from April 2008 to present, particularly in coverage of events and video streaming on the Web.

The Report indicated that the work carried out by the Media Team had greatly enhanced the multimedia and electronic marketing capability of the Economic Development Division by the production of moving images which enriched the content of the various websites and which showcased the heritage and leisure strengths of Angus, having been carried out at an affordable cost giving best value to the Council.

The Committee agreed:-

(i) to note the range of media activity undertaken by the Media Team, as detailed in Appendix 1 to the Report;

(ii) to note the value of the activity had it had been commissioned externally in comparison to the in-house staffing cost, as detailed in Appendix 1 to the Report; and

(iii) to note that a copy of a showreel DVD highlighting a selection of the team’s video production output since April 2008 would be circulated to all elected members following completion in February.

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23. RIVER SOUTH ESK CATCHMENT MANAGEMENT PLAN

With reference to Article 41 of the minute of meeting of this Committee of 28 August 2007, there was submitted Report No 69/09 by the Director of Infrastructure Services outlining the progress made towards the production of a Catchment Management Plan (CMP) for the River South Esk.

The Report indicated that progress was well underway and currently on schedule to produce a CMP for the River South Esk by December 2009. The next stage in the process was to develop the draft CMP itself which would include an action plan of measures that would be agreed by the partners on the steering group with input from other stakeholders as a result of the consultation on the issues document. It was anticipated that consultation on the draft CMP would be carried out in summer 2009, to allow time to launch the final CMP by December 2009.

The Committee agreed:-

(i) to note the progress made towards production of a River South Esk Catchment Management Plan; and

(ii) to note the intention to submit two further reports on progress being made towards the production of a River South Esk Catchment Management Plan to allow the Council to consider and approve both the initial consultative draft and the final Plan prior to publication.

24. ANGUS AND DUNDEE ROOTS FESTIVAL 2008/2009

With reference to Article 43 of the minute of meeting of this Committee of 14 June 2007, there was submitted Report No 70/09 by the Director of Infrastructure Services advising the Committee of the outcomes of the Roots Festival 2008 and requesting approval for the planned activity for 2009, Scotland’s Year of Homecoming.

The Report indicated that the Year of Homecoming 2009 would potentially bring more visitors to Scotland and it was anticipated that the main contribution from the Council, in conjunction with Dundee City Council and other partners, would be a repeat of the 2008 Angus and Dundee Roots Festival which had been regarded as a successful pilot.

The Committee agreed:-

(i) to note the outcomes of the Angus and Dundee Roots Festival 2008, as detailed at paragraph 3 of the Report;

(ii) to approve the provisional arrangements proposed, subject to consultation with partners, for the 2009 Roots Festival, as detailed in the Report; and

(iii) to note the financial support for the Roots Festival 2009 event secured via the successful ERDF application, in conjunction with VisitScotland, and a parallel successful application via Events Scotland.

25. TARTAN DAY SCOTLAND

With reference to Article 9 of the minute of meeting of the Strategic Policy Committee of 24 October 2006, there was submitted Report No 71/09 by the Director of Infrastructure Services detailing the successful outcomes of Tartan Day Scotland 2008, and bringing forward proposals to develop the celebration further.

The Report indicated that the project was seen as important in raising the profile of Angus locally, nationally and internationally, and in creating an increased sense of civic pride in keeping with the Angus Ahead campaign objectives. It would also allow the Council to lead on a national collaborative tourism project across Scotland and realise its 2020 vision of creating an internationally renowned celebration in Scotland for Scotland focussed on the 700th anniversary of the Declaration of Arbroath in Angus.

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Having noted that Tartan Day had in fact been established in the USA in 1998, the Committee agreed:-

(i) to note the successful outcomes of Tartan Day Scotland 2008 and the summary of the evaluation study carried out by Richard Gerald Associates as part of an ERDF funded project;

(ii) to approve the expenditure of £38,670 in 2009/2010, £37,510 in 2010/2011 and £38,411 over 2011/2012 from the Economic Development Revenue Budget as match funding towards a European Regional Development Fund proposal for the temporary appointment of a Project Manager based with the Council until June 2012 to lead on the roll out of Tartan Day Scotland across 19 local authority areas while ensuring that Angus received prominence in any national marketing campaign;

(iii) to note the date and programme for Tartan Day Scotland 2009 in Angus from Saturday 4 April – Sunday 12 April 2009 and to approve the net expenditure of £16,000 for all marketing and events which would be contained within the Economic Development Revenue Budget 2008/2009; and

(iv) to authorise the Provost and Head of Economic Development to attend the Tartan Day SA Golf Challenge and Gala Dinner for a five day period in March 2009, subject to the costs involved being kept within a budget of £3,000 and the Head of Economic Development making prior arrangements to promote Angus at key golf resorts and via the South African media, all as detailed in the Report.

26. ANGUS TOURISM STRATEGY 2008-2012

There was submitted Report No 72/09 by the Director of Infrastructure Services seeking approval to adopt the Angus Tourism Strategy 2008-2012 and its associated Action Plan.

The Report indicated that Angus required to develop tourism in a sustainable and effective way and this could be achieved through the Angus Tourism Strategy. The Action Plan approach provided a clear table of activity, together with timescales in order to understand what was to be achieved, how, when and by whom. The Report also detailed the importance that the Council placed in the development of sustainable tourism growth as well as the importance it set on achieving the national growth targets set out by the Scottish Government.

The Committee agreed:-

(i) to approve the draft Angus Tourism Strategy and Action Plan, as detailed in the Report;

(ii) to approve that the draft Strategy and Action Plan 2008-2012 be subject to internal consultation across the Council and that a programme of consultation with external agencies take place as detailed in Section 7 of the Report; and

(iii) to note that the outcomes of the consultation process would be subject to a further Report, in which approval would be sought for the final version of the Strategy and Action Plan prior to publication.

27. EVALUATION AND THE WAY FORWARD FOR THE VOCATIONAL TRAINING FUND

With reference to Article 34 of the minute of meeting of this Committee of 8 June 2004, there was submitted Report No 73/09 by the Director of Infrastructure Services advising the Committee of the success of the Vocational Training Fund through its evaluation process, and seeking approval of proposals for its future development.

The Report indicated that the Vocational Training Fund had proved to be very successful in supporting those who wished to undertake training to improve their work prospects. By targeting the same beneficiaries as before and by distributing the funding to different sections within the division, this would allow the funding to be marketed to a wider audience and complement existing funding schemes already in the current market place.

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(i) to note the content of the Vocational Fund evaluation and the impact that it had had on the individual beneficiaries that it aimed to support;

(ii) to approve the allocation of £25,000 of the Fund towards the “training for employers” strand and that it be administered by the Business Advisers within the Economic Development division as part of an overall business support package;

(iii) to approve the allocation of the remaining balance of the Fund to the Working For Families team to utilise within their "Personal Development Fund”; and

(iv) to continue to support the scheme of delegation for administration of the funds on a day-to-day basis by the Head of Economic Development, which would allow the terms and conditions of the grant to be revised as and when required, thus ensuring that other external funding packages were complemented.

28. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded from the meeting during consideration of the following items so to avoid the disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 6, 8 and 9.

29. EMPLOYMENT LAND SUPPLY - KIRRIEMUIR

Councillor Spink declared an interest in item 29 as he had a relative who was employed by the landowner and left the meeting during consideration of this item.

There was submitted Report No 74/09 by the Director of Infrastructure Services advising the Committee of local developments which would merit reconsideration of the programming of capital expenditure to accelerate the provision of employment land at Kirriemuir.

Having heard from the Director and, following discussion, it was agreed that consideration of the Report be deferred.

30. ORCHARDBANK, FORFAR - NOISE ISSUES

Councillor Morrison, having declared an interest at Article 2 above, left the meeting during consideration of this item.

There was submitted Report No 75/09 by the Director of Infrastructure Services advising the Committee of ongoing issues at Orchardbank Industrial Estate in Forfar and making recommendations regarding both short and potentially longer term solutions.

COUNCILLOR MAY, SECONDED BY COUNCILLOR FAIRWEATHER, MOVED THAT THE COMMITTEE AGREES THE RECOMMENDATIONS, AS DETAILED IN THE REPORT.

Councillor Oswald, seconded by Councillor Palmer, moved, as an amendment, that the Committee agrees to defer consideration of the Report to allow a list of potential uses of the buildings, including costs, to be brought forward and further details on the impact this would have on other programmed priorities.

On a vote being taken, the members voted:-

For the motion:-

Councillors May, Fairweather, Mackintosh, Middleton, Millar, Murphy, Myles, Salmond and Whyte (9).

For the amendment:-

Councillors King, Oswald, Palmer and Spink (4).

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(Councillor Morrison having left the meeting prior to the vote.)

The motion was declared carried and became the finding of the meeting.

31. CARNOUSTIE TO EASTHAVEN FOOTWAY/CYCLEWAY - ACCEPTANCE OF TENDER

With reference to Article 20 of the minute of meeting of this Committee of 14 October 2008, there was submitted Report No 76/09 by the Director of Infrastructure Services detailing tenders received for the proposed footway/cycleway between Carnoustie and Easthaven and recommending acceptance of the lowest tender submitted, subject to the conditions as detailed in the Report.

The Committee agreed to approve the recommendations, as detailed in the Report.